Legal Opinion

Tennant v. Watson

Supreme Court of Arkansas

Decided December 9, 1893PublishedCited by 4 opinions

Appeal from Miller Circuit Court. , Rueus D. Hearn, Judge. ... 1. An order of general attachment binds the property of defendant from the day it is placed in the hands of the sheriff. 39 Ark. 97. 2. Davis’ primary motive was to put the property out of the reach of his creditors, and the deed, being absolute on its face, placéd the title in Humphrey.

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Appeal from Miller Circuit Court. , Rueus D. Hearn, Judge. ... 1. An order of general attachment binds the property of defendant from the day it is placed in the hands of the sheriff. 39 Ark. 97. 2. Davis’ primary motive was to put the property out of the reach of his creditors, and the deed, being absolute on its face, placéd the title in Humphrey. His creditors had a fight to presume thé property was his, and he was thus enabled to get credit on the faith of owning it, in which case Humphrey’s creditors have a right to subject it to their debts. Waite, Fr. Conv. secs. 387, 389, 398 ; 10…

1Opinion of the CourtBaTTRE, J.

This action was brought by Tennant, Walker & Company against Jesse Watson to recover the possession of a certain tract of land in Miller county. They based their right of action upon a deed executed by A. S. Blythe, as sheriff of Miller county, - bearing date the 12th day of September, 1890.

Rhoda Davis, on her application, was made a defendant, and she and Jesse Watson answered and said, among other things, that Watson was not in the unlawful possession of the land; that the defendant Davis aqd her husband, F. M. Davis, on the 27th of July, 1888, conveyed it to Thomas H. Humphrey, to secure…

2Cases cited17 opinions

  1. Jackson ex dem. Lansing v. ChamberlainNew York Supreme Court · 1832
  2. Ellis v. Doe ex dem. SmithSupreme Court of Georgia · 1851
  3. Jones, McDowell & Co. v. FletcherSupreme Court of Arkansas · 1883
  4. Pindall v. TrevorSupreme Court of Arkansas · 1875
  5. Apperson & Co. v. BurgettSupreme Court of Arkansas · 1878

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3Cited by4 opinions

  1. Pugh v. HighleyIndiana Supreme Court · 1899
  2. Beidler v. BeidlerSupreme Court of Arkansas · 1903
  3. Masury v. Arkansas Nat. BankU.S. Circuit Court for the District of Eastern Arkansas · 1898
  4. Scott v. HouptSupreme Court of Arkansas · 1904

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